Post Conflict Property Restitution 2 Vols
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Post Conflict Property Restitution 2 Vols
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Author : Margaret Cordial
language : en
Publisher: BRILL
Release Date : 2009-09-14
Post Conflict Property Restitution 2 Vols written by Margaret Cordial and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-14 with Law categories.
The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo.
Post Conflict Property Restitution
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Author : Margaret Cordial
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009-09-01
Post Conflict Property Restitution written by Margaret Cordial and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Law categories.
The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations.This is a two volume set.
Un Territorial Administration And Human Rights
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Author : Gjylbehare Bella Murati
language : en
Publisher: Routledge
Release Date : 2020-04-30
Un Territorial Administration And Human Rights written by Gjylbehare Bella Murati and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.
This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
The United Nations Principles On Housing And Property Restitution For Refugees And Displaced Persons
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Author : Khaled Hassine
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-12-04
The United Nations Principles On Housing And Property Restitution For Refugees And Displaced Persons written by Khaled Hassine and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-04 with Law categories.
In this Commentary on the Principles on Housing and Property Restitution for Refugees and Displaced Persons – known as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the legal contents of this international instrument generated by the UN in 2005.
Housing Land And Property Rights
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Author : Scott Leckie
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-15
Housing Land And Property Rights written by Scott Leckie and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-15 with Law categories.
This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author’s suggestions for creating a new World Restitution Agency, expanding our understanding of the term ‘internationally wrongful act’ to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to redistribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policymakers working in the areas of international human rights law, housing, land and property issues, humanitarian issues and climate change.
Litigating War
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Author : Sean D. Murphy
language : en
Publisher: Oxford University Press
Release Date : 2013-03-25
Litigating War written by Sean D. Murphy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-25 with Law categories.
Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.
Internal Displacement And The Law
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Author : Walter Kälin
language : en
Publisher: Oxford University Press
Release Date : 2023-05-19
Internal Displacement And The Law written by Walter Kälin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-19 with Law categories.
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
The Yugoslav Wars Of The 1990s
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Author : Catherine Baker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-07-30
The Yugoslav Wars Of The 1990s written by Catherine Baker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with History categories.
Catherine Baker offers an up-to-date, balanced and concise introductory account of the Yugoslav wars of the 1990s and their aftermath. The volume incorporates the latest research, showing how the state of the field has evolved and guides students through the existing literature, topics and debates.
Housing And Property Restitution Rights Of Refugees And Displaced Persons
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Author : Scott Leckie
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-28
Housing And Property Restitution Rights Of Refugees And Displaced Persons written by Scott Leckie and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-28 with Political Science categories.
The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
Refugees In International Relations
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Author : Alexander Betts
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
Refugees In International Relations written by Alexander Betts and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political Science categories.
Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, Refugees in International Relations provides a comprehensive and challenging overview of the international politics of forced migration.